SZKHQ v Minister for Immigration and Citizenship
[2008] HCASL 303
SZKHQ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 303
S63/2008
The Refugee Review Tribunal on 11 January 2007 affirmed a decision of a delegate of the first respondent to refuse to grant a Protection (Class XA) visa to the applicant, who is a citizen of the People's Republic of China. The applicant's case as to fear of persecution was based substantially upon his claims to be associated with Falun Gong. In particular, the applicant said that since coming to Australia he sent to his mother in China certain material pertaining to Falun Gong. He claimed that, if he returned to China, he would be persecuted for sending Falun Gong material to his mother. There was also some suggestion that the applicant feared persecution because he is himself a Falun Gong practitioner. The Tribunal rejected the applicant's claim that he sent Falun Gong material to his mother, and found that he had demonstrated a very limited interest in Falun Gong.
The applicant sought judicial review of the Tribunal's decision. Cameron FM in the Federal Magistrates Court on 27 July 2007 held that the conclusions of the Tribunal were open to the Tribunal on the material before it, and that there was no error of such a kind that would sustain judicial intervention. The application was dismissed. An appeal to the Federal Court of Australia was dismissed by Dowsett J on 20 November 2007. Dowsett J held that there was more than adequate evidence to lead the Tribunal to doubt the accuracy and reliability of the applicant's claims and that no jurisdictional or other material error had been identified. This is an application for special leave to appeal from the Federal Court. No reason has been shown to doubt the correctness of Dowsett J's decision.
An appeal has no prospects of success.
The application is dismissed.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
A.M. Gleeson
5 June 2008J.D. Heydon
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